Bill of Rights
Wisconsin Constitution
West Bend City Ordinances
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If you know your rights then there is no curfew law.
Apparently this city ordinance was considered "unconstitutional" because it provides a "get out of jail free card," so to speak, in the ordinance itself.
The child (person less than 16)exercising their 1st Amendment rights protected by the US Constitution has an exception to this law.
"I'm exercising my protected by the United States Constitution."............"Am I free to leave?"
LOOK AT THE LAW!!!
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9.151 CURFEW (Cr. Ord. #2076 � 8/10/92; Rep. & Recr. Ord. #2568 - 7/11/05).
(1) DEFINITIONS. As used in this section:
(a) "Child" means a person who is less
than 16 years of age.
(b) "Curfew period" includes the time from 12:01 a.m. to 5:00 a.m.
(2) CURFEW ESTABLISHED. No child shall be or remain present in or upon the
public streets, highways, roads, alleys, sidewalks and parks; public buildings; places of
amusement and entertainment; vacant lots; or any public place in the City of West Bend,
either on foot or in or upon any conveyance operated or parked, during the curfew period,
unless accompanied by his or her parent, legal guardian or other adult person having his or
her care, custody or control.
(3). The following shall constitute exceptions to the operation of the
curfew:
(a) Emergency. The presence of the child is necessitated by an emergency
situation in which property or human life are in jeopardy and the prompt summoning or
rendering of aid is essential;
(b) Employment. The presence of the child is in the course of his or her
employment duties during working hours or for travel incident thereto;
(c) Associational Activity. The child is present while traveling directly
home from an associational activity. Associational activities are school or religious
programs, sporting events, public entertainment such as concerts or movies, and similar
activities or events;
(d) Permission. The child is on an errand at the direction of the child's parent
or guardian, without any detour or stop;
(e) Interstate Travel. The child is in a motor vehicle involved in interstate
travel;
or
(f) The child is exercising First Amendment
rights protected by the United States Constitution, such as the free exercise of religion,
freedom of speech, and the right of assembly.
(4) RESPONSIBILITY OF PARENTS. It shall be unlawful for the parent, legal guardian or other adult person having the care and custody of a child to permit or suffer him or her to violate this section.
(5) ENFORCEMENT. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer has probable cause to believe that an offense has occurred and that, based on any response and other circumstances, no exception in subsection (3) is present.
(6) PENALTY. Any child or other person who violates this section shall be subject to a penalty as provided in �25.04 of this Code.
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This is a good example of how important it is to know, understand, and assert your rights. This curfew law does not exist if you know your rights.
As for the responsibility of the parents, if the child is exercising their First Amendment rights, then there is no violation.
In my opinion, this is a law designed to take advantage of people who do not know the law and do not know their rights.
If you know your rights then there is no curfew law!
KNOW YOUR RIGHTS
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(I am exercising my rights protected by the first Amendment of the U.S. Constitution and also of the Wisconsin Constitution, article 1, section 3.)
U.S. Constitution
Amendment One
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Wisconsin Constitution
Article 1 Declaration of Rights
SECTION 3. [Free speech; libel.] Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press.
